A defendant shall be punished by imprisonment for four months.

Punishment of the crime

1. On February 2, 2017, the Defendant borrowed a hospital expense loan with the victim B by telephone from the early destination, saying, “A child is hospitalized in a hospital while he/she was taking a horse riding, and the hospital expense is required. If he/she borrowed money, he/she will discharge his/her child and make a full payment.”

However, in fact, the defendant's child was not hospitalized in the hospital, and the defendant was thought to use the money to repay living expenses and personal debts. At the time, there was a debt amounting to approximately KRW 64 million, and there was no particular property or income, and there was no intention or ability to repay it even if the defendant borrowed money from the victim due to no particular property or income.

As above, the Defendant, by deceiving the victim, received KRW 2 million from the victim on February 16, 2017, and KRW 5 million on February 20, 2017, respectively, from the Nonghyup Bank under the name of the Defendant.

2. On February 2, 2017, the Defendant stated that “The Defendant would transfer the ownership of a store affiliated with the Gyeong-dong, Chungcheongnam-gun, Seoul Special Metropolitan City (Seoul Special Metropolitan City), where he was unable to borrow money at the hospital’s expense, by putting the phone to the said victim.” The Defendant stated that the sales price of the commercial building would change the remainder of KRW 33 million,000,000,000, excluding KRW 700,000,000,000,000.”

However, in fact, the above C market D store was not owned by the defendant because the defendant was leased from the Hadong-gun office, and was notified by the Hadong-gun office that he could not transfer or sublease the above store's right to use. Therefore, even if the victim received the purchase price, there was no intention or ability to transfer the ownership of the store.

As above, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim on February 23, 2017, and KRW 28 million on March 7, 2017 from the Nonghyup Bank under the name of the Defendant, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint, a real estate sales contract, and a remittance statement; and